William Hicks v. Jack R. Duckworth and Indiana Attorney General

KANNE, Circuit Judge.

This appeal raises a single issue. Are a defendant’s double jeopardy rights violated when the state successfully pursues an appeal of the dismissal of an habitual offender charge after the defendant has already begun serving a sentence on the underlying crime. Because of the reasons set forth below, we affirm the district court’s dismissal of the 28 U.S.C. § 2254 petition.

I

Hicks was charged by information with burglary and attempted theft. Arraignment was set for August 23, 1982. The defendant appeared on that date with counsel. Defense counsel advised the court that…